Lexmark X652DE User's Guide - Page 304

Notices 304 This is true even if you advise Lexmark or a Remarketer of the possibility of such damages. Lexmark is not liable for any claim by you based on a third party claim. This limitation of remedies also applies to claims against any Suppliers and Remarketers of Lexmark. Lexmark's and its Suppliers' and Remarketers' limitations of remedies are not cumulative. Such Suppliers and Remarketers are intended beneficiaries of this limitation. Additional rights Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions contained above may not apply to you. This limited warranty gives you specific legal rights. You may also have other rights that vary from state to state. LEXMARK SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: This License Agreement ("Software License Agreement") is a legal agreement between you (either an individual or a single entity) and Lexmark International, Inc. ("Lexmark") that, to the extent your Lexmark product or Software Program is not otherwise subject to a written software license agreement between you and Lexmark or its suppliers, governs your use of any Software Program installed on or provided by Lexmark for use in connection with your Lexmark product. The term "Software Program" includes machine-readable instructions, audio/visual content (such as images and recordings), and associated media, printed materials and electronic documentation, whether incorporated into, distributed with or for use with your Lexmark product. BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT, PROMPTLY RETURN THE PRODUCT UNUSED AND REQUEST A REFUND OF THE AMOUNT YOU PAID. IF YOU ARE INSTALLING THIS PRODUCT FOR USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE PRODUCT INDICATES ACCEPTANCE OF THESE TERMS. 1 STATEMENT OF SOFTWARE LIMITED WARRANTY. Lexmark warrants that the media (e.g., diskette or compact disk) on which the Software Program (if any) is furnished is free from defects in materials and workmanship under normal use during the warranty period. The warranty period is ninety (90) days and commences on the date the Software Program is delivered to the original end-user. This limited warranty applies only to Software Program media purchased new from Lexmark or an Authorized Lexmark Reseller or Distributor. Lexmark will replace the Software Program should it be determined that the media does not conform to this limited warranty. 2 DISCLAIMER AND LIMITATION OF WARRANTIES. EXCEPT AS PROVIDED IN THIS SOFTWARE LICENSE AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEXMARK AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM. TO THE EXTENT LEXMARK CANNOT BY LAW DISCLAIM ANY COMPONENT OF THE IMPLIED WARRATIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, LEXMARK LIMITS THE DURATION OF SUCH WARRANTIES TO THE 90-DAY TERM OF THE EXPRESS SOFTWARE LIMITED WARRANTY. This Agreement is to be read in conjunction with certain statutory provisions, as that may be in force from time to time, that imply warranties or conditions or impose obligations on Lexmark that cannot be excluded or modified. If any such provisions apply, then to the extent Lexmark is able, Lexmark hereby limits its liability for breach of those provisions to one of the following: providing you a replacement copy of the Software Program or reimbursement of the price paid for the Software Program. The Software Program may include internet links to other software applications and/or internet web pages hosted and operated by third parties unaffiliated with Lexmark. You acknowledge and agree that Lexmark is not responsible